1985 (5) TMI 115

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....Appeals) did not agree with the assessee. Hence the appeals before us. 2. The ld. counsel referred us to the provisions of s. 214. He submitted that under s. 214(1) where the advance tax paid exceeded the tax determined on regular assessment interest was payable. The tax determined on regular assessment, it is submitted, was the tax computed with reference to the total income less tax deducted at source and tax paid on self-assessment basis. For the proposition that tax deducted at source has to be reduced from the tax computed, reliance was placed on the decision of the Allahabad High Court in Addl CIT vs. Bareilly Corporation Band Ltd. 1978 CTR (All) 420 : (1978) 115 ITR 449 (All). According to the ld. counsel, self-assessment tax paid s....

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....his Act, and in relation to any other assessment year income-tax and super-tax chargeable under the provisions of this Act prior to the aforesaid date." The liability to tax is imposed by the charging section. The subsequent provisions relating to assessment enable the liability to be quantified and when quantified to be enforced. Sec. 214(1) speaks of tax determined "on regular assessment", i.e. the tax quantified on reular assessment. We have to ascertain the scope of the term "tax determined" on regular assessment. Tax determined on regular assessment is not synonymous always with "tax payable" which is gross tax less all amounts paid etc. 5. Sec. 219 which provides for giving credit for tax deducted at source reads as under: "219. A....

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.... "140A (1) where any tax is payable on the basis of any return required to be furnished under s. 139 or s. 148, after taking into account the amount of tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax. (2) After a regular assessment under s. 143 or s. 144 has been made, any amount paid under sub-s. (1) shall be deemed to have been paid towards such regular assessment." While s. 219 provides for credit being given to the assessee in regular assessment for advance-tax paid and s. 199 speaks of credit being given for tax deducted at source in the assessment, as far as self-assessment tax is ....